President Tinubu cannot use his Veto power to override National Assembly in suspending Rivers Governor Sim Fubara, Kikio.ng can authoritatively confirm.
Tinubu’s veto power applies to bills and laws passed by the National Assembly, not to procedural decisions like the suspension of a governor.
According to the 1999 Nigerian Constitution (as amended), the President of Nigeria, Bola Tinubu, cannot use his veto power to override the suspension of democratically elected governor of Rivers State, Sim Fubara.
The 1999 Constitution of Nigeria (as amended) outlines the presidential veto power under Section 58. Specifically, Section 58(4) and (5) address the president’s veto power.
Section 58(4):
“Where a bill is presented to the President after being passed by the National Assembly, the President shall, within thirty days, signify that he assents to the bill or that he withholds his assent.”
Section 58(5):
“Where the President withholds his assent to a bill and the bill is again passed by both Houses of the National Assembly, with a vote of not less than two-thirds of all the members of each House, the bill shall become law, and the President shall not assent to the bill.”
This gives the President the power to withhold assent (veto a bill) but also allows the National Assembly to override the veto with a two-thirds majority.
The drama is getting more interesting as we enter the last day in which Tinubu can effect the suspension.
The President requires 72 Senators to get a 2/3rd and 240 Rep Members to gain 2/3rd. Currently below is the breakdown of how the major political parties are set in the National Assembly.
SENATE
APC-58
PDP-37
Labour -7
SDP-2
NNPP-2
APGA-1
ADP-1
Vacant Seat-1
HOUSE OF REPS:
APC-175
PDP-118
Labour -35
NNPP-19
APGA-5
ADC -2
SDP-2
YPP-1
Vacant Seats -3
What this means is that even if all APC Senators vote in support, they won’t still get the 72 Senators and even if all the APC Rep Members vote , they also won’t get the numbers they need
The National Assembly has 48hrs which expires today Thursday to ratify or reject the Emergency declaration in Rivers State.
With the President’s swearing in of the Sole Administrator when the National Assembly has not either ratified, it seems Tinubu is sending a message that he is superior to the Nigerian constitution.
The constitution is clear.
Section 305 of the Constitution outlines the process for the suspension of a governor, stating that the President can suspend a governor in cases of emergency. However, the suspension must be ratified by the National Assembly within 48 hours, or else the suspension becomes void.
The President’s veto power applies to bills and laws passed by the National Assembly, not to procedural decisions like the suspension of a governor. The National Assembly has the authority to either ratify or reject the President’s action within the stipulated timeframe, and the President cannot directly veto the legislature’s decision on this matter.
If the National Assembly does not ratify the suspension within 48 hours, the suspension automatically lapses.
